Landlord-tenant/preemption

AN ACT Relating to creating consistency in housing; amending RCW 1
35.21.830 and 36.01.130; and creating a new section.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. The legislature finds that the residential 4
landlord-tenant act was enacted in 1973 and occupies the field. The 5
act has undergone substantial modification since that time and many 6
cities and at least one county have enacted local modifications 7
affecting the relationship between the landlord and the tenant. These 8
local regulations directly conflict with the act.9
In Seattle and Kent, landlords must provide an uncurable notice 10
to vacate because of criminal activity resulting in an arrest in the 11
city prior to serving the notice, despite the act not requiring such 12
an extra step. Seattle, King County, Federal Way, Auburn, and Tacoma 13
maintain distinct provisions to terminate a residential tenancy. 14
These provisions directly conflict with the act. 15
In King County, all notices must be sent at least 30 days, 16
directly conflicting with the act and substantially endangering 17
tenants forced to withstand behavior often criminal in nature, which 18
may be ameliorated in a much shorter time if the tenant rented just 19
three miles away. 20
S-0973.1
SENATE BILL 5661
State of Washington 69th Legislature 2025 Regular Session
By Senators Goehner, Gildon, and Chapman
Read first time 02/04/25. Referred to Committee on Housing.
p. 1 SB 5661
Local regulations also act to discourage investment in and 1
decrease the supply of rental housing. In 2022, the Seattle 2
department of construction and inspection reported a decrease in 3
rental housing units after numerous regulations were enacted that 4
severely restricted the reasonable business practices of landlords to 5
the detriment of tenants. According to a lawsuit filed by a landlord 6
in Seattle, Seattle's landlord-tenant restrictions have caused a low-7
income multifamily residential property to default on its mortgage, 8
remain largely vacant and unrentable. 9
The state has a strong interest in maintaining a strong 10
residential rental housing market across all jurisdictions because 11
Washington needs to build at least 1,100,000 new homes, affordable to 12
all income levels, over the next 20 years to meet the market demand. 13
Rental housing is a critical part of meeting this need and an 14
important part in the housing ladder. 15
Overlapping regulations confuse landlords and tenants, and courts 16
struggle to apply laws consistently when there are multiple layers of 17
laws, some conflicting with the act, and cause landlords to disinvest 18
and leave the rental housing market. The Washington court of appeals 19
determined the act and an ordinance on the same subject when the 20
state occupies the field leaves no room for concurrent jurisdiction. 21
The legislature finds there is no room for concurrent jurisdiction.22
A coordinated regulatory scheme regulated only by the act is in 23
the best interest of landlords and tenants. However, attempting to 24
manage rental properties over multiple jurisdictions becomes 25
challenging when there are many different regulations. The 26
legislature intends to create consistency across the state.27
Sec. 2. RCW 35.21.830 and 1981 c 75 s 1 are each amended to read 28
as follows: 29
(1) The imposition of controls on rent is of statewide 30
significance and is preempted by the state. No city or town of any 31
class may enact, maintain, or enforce ordinances or other provisions 32
which regulate the amount of rent to be charged for single-family or 33
multiple-unit residential rental structures or sites other than 34
properties in public ownership, under public management, or 35
properties providing low-income rental housing under joint public-36
private agreements for the financing or provision of such low-income 37
rental housing. This section shall not be construed as prohibiting 38
any city or town from entering into agreements with private persons 39
p. 2 SB 5661
which regulate or control the amount of rent to be charged for rental 1
properties. 2
(2) The imposition of regulations on the landlord-tenant 3
relationship is of statewide significance and is preempted by the 4
state. No city or town of any class may enact, maintain, or enforce 5
ordinances or other provisions which regulate any agreement between a 6
landlord and tenant and entered into under chapters 59.18 and 59.20 7
RCW for single-family or multiple-unit residential rental structures 8
or sites other than in public ownership, under public management, or 9
property providing low-income rental housing under joint public-10
private agreements for financing or provision of such low-income 11
rental housing. This section shall not be construed as prohibiting 12
any city or town from entering into agreements with private persons 13
that regulate or control the amount of rent to be charged for rental 14
properties.15
Sec. 3. RCW 36.01.130 and 1991 c 363 s 43 are each amended to 16
read as follows: 17
(1) The imposition of controls on rent is of statewide 18
significance and is preempted by the state. No county may enact, 19
maintain or enforce ordinances or other provisions which regulate the 20
amount of rent to be charged for single-family or multiple-unit 21
residential rental structures or sites other than properties in 22
public ownership, under public management, or properties providing 23
low-income rental housing under joint public-private agreements for 24
the financing or provision of such low-income rental housing. This 25
section shall not be construed as prohibiting any county from 26
entering into agreements with private persons which regulate or 27
control the amount of rent to be charged for rental properties.28
(2) The imposition of regulations on the landlord-tenant 29
relationship is of statewide significance and is preempted by the 30
state. No county may enact, maintain, or enforce ordinances or other 31
provisions which regulate any agreement between a landlord and tenant 32
and entered into under chapters 59.18 and 59.20 RCW for single-family 33
or multiple-unit residential rental structures or sites other than in 34
public ownership, under public management, or property providing low-35
income rental housing under joint public-private agreements for 36
financing or provision of such low-income rental housing. This 37
section shall not be construed as prohibiting any county from 38
p. 3 SB 5661
entering into agreements with private persons that regulate or 1
control the amount of rent to be charged for rental properties.2
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p. 4 SB 5661